S.I. No. 478/2006 - European Communities (Protection measures in relation to avian influenza in poultry and other captive birds) Regulations 2006

REGULATIONS

S.I. No. 478 of 2006

European Communities (Protection measures in relation to avian influenza in poultry and other captive birds) Regulations 2006

List Of Contents

PART 1 - Citation and Interpretation	PART 1 - Citation and Interpretation
1.	Citation
2.	Interpretation
PART 2 - Suspected Outbreak	PART 2 - Suspected Outbreak
3.	Notification of a suspected outbreak of Avian Influenza
4.	Measures to be applied on holdings with a suspected outbreak
5.	Derogations from certain measures to be applied on a holding with a suspected outbreak
6.	Additional measures to be applied where there is a suspected outbreak
PART 3 - Confirmed Outbreak of Highly Pathogenic Avian Influenza (HPAI)	PART 3 - Confirmed Outbreak of Highly Pathogenic Avian Influenza (HPAI)
7.	Declaring a holding to be a holding with a confirmed outbreak
8.	Measures to be applied on holdings where a confirmed outbreak has been declared
9.	Derogations concerning certain holdings
10.	Measures to be applied in cases of outbreaks of HPAI in separate production units
11.	Measures to be applied in contact holdings
PART 4 - Protection, surveillance and further restricted zones	PART 4 - Protection, surveillance and further restricted zones
12.	Establishment of protection, surveillance and further restricted zones
PART 5 - Precautionary measures for protection and surveillance zones	PART 5 - Precautionary measures for protection and surveillance zones
13.	Precautionary measures for both protection and surveillance zones
14.	Measures to be applied in both protection and surveillance zones
PART 6 - Specific Measures for Protection Zones	PART 6 - Specific Measures for Protection Zones
15.	Specific measures for protection zones
16.	Prohibition on the removal or spreading of used litter, manure or slurry from holdings
17.	Prohibition on the movement and transport of eggs, poultry meat and carcases
18.	Derogations from prohibitions provided for in regulation 17
19.	Cleansing and disinfecting of means of transport
20.	Duration of measures
PART 7 - Measures for Surveillance Zones	PART 7 - Measures for Surveillance Zones
21.	Specific measures for surveillance zones
22.	Duration of measures
PART 8 - Further Restricted Zones	PART 8 - Further Restricted Zones
23.	Measures to applied in further restricted zones
PART 9 - Derogations and Additional Biosecurity Measures	PART 9 - Derogations and Additional Biosecurity Measures
24.	Derogations
25.	Additional biosecurity measures
PART 10 - Measures for Certain Premises other than Holdings	PART 10 - Measures for Certain Premises other than Holdings
26.	Measures to be applied in slaughterhouses
27.	Measures to be applied in border inspection posts or means of transport
28.	Additional measures to be applied to slaughterhouses, border inspection posts or means of transport
PART 11 - Low Pathogenic Avian Influenza	PART 11 - Low Pathogenic Avian Influenza
29.	Measures to be applied on holdings where outbreaks are confirmed
30.	Additional Measures to be applied where LPAI in confirmed on a holding
31.	Derogations for certain holdings
32.	Measures to be applied in cases of outbreaks of LPAI in separate production units
33.	Measures to be applied in contact holdings
34.	Establishment of restricted zones in cases of outbreaks of LPAI
35.	Measures to be applied in the restricted zone
36.	Duration of measures
37.	Derogations
PART 12 - Cleansing, Disinfection and Repopulation	PART 12 - Cleansing, Disinfection and Repopulation
38.	Cleansing and disinfection
39.	Repopulation of holdings
PART 13 - Vaccination	PART 13 - Vaccination
40.	General prohibitions of vaccination
PART 14 - Measures for Pigs and other Species	PART 14 - Measures for Pigs and other Species
41.	Measures concerning pigs and other species
PART 15 - Diagnostic Procedures, Diagnostic Manual and Reference Laboratories	PART 15 - Diagnostic Procedures, Diagnostic Manual and Reference Laboratories
42.	Diagnostic procedures, diagnostic manual and reference laboratories
PART 16 - Compensation	PART 16 - Compensation
43.	Compensation
44.	Valuers
45.	Arbitration
46.	Abatement of compensation
PART 17 - Authorised Officers, Notices, Offences, Penalties and Saver	PART 17 - Authorised Officers, Notices, Offences, Penalties and Saver
47.	Powers of authorised officer
48.	Notices, directions, authorisations, derogations
49.	Forgery
50.	Offences
51.	Penalties, etc
52.	Production of notice in legal proceedings, etc
53.	Revocations
54.	Saver

I, Mary Coughlan, Minister for Agriculture and Food, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) for the purpose of giving effect to Council Directive 2005/94/EC of 20 December 2005¹ hereby make the following regulations:

PART 1 - Citation and Interpretation

Citation

1.These Regulations may be cited as the European Communities (Protection measures in relation to avian influenza in poultry and other captive birds) Regulations 2006.

Interpretation

“approved disinfectant” means a disinfectant which for the time being stands approved by the Minister in accordance with the Diseases of Animals (Disinfectants) Order 1975 ( S.I. No. 273 of 1975 ) as amended by the Diseases of Animals (Disinfectants) Order 1975 (Amendment Order 1978 ( S.I. No. 345 of 1978 );

“authorise” means to allow under licence or other written form;

“authorised officer” means an authorised officer within the meaning of section 17A (inserted by the Diseases of Animals (Amendment) Act 2001 (No. 3 of 2001)) of the Diseases of Animals Act 1966 (No. 6 of 1966);

“Council Directive” means Council Directive 2005/94/EC of 20 December 2005;

“HPAI” means highly pathogenic avian influenza as described in Annex 1(2) to the Council Directive;

“LPAI” means low pathogenic avian influenza as described in Annex 1(3) to the Council Directive;

“Minister” means Minister for Agriculture and Food.

“official veterinarian” means an inspector of the Minister under the Diseases of Animals Act 1966 .

• (2) A derogation under these Regulations may be granted by licence or otherwise.

• (3) A word or expression that is used in these Regulations and is also used in the Council Directive has, unless the contrary intention appears, the same meaning in these Regulations as it has in the Council Directive.

PART 2 - Suspected Outbreak

Notification of a suspected outbreak of Avian Influenza

Measures to be applied on holdings with a suspected outbreak

• (a) all poultry and other captive birds are brought inside a building on the holding and kept there,

• (b) no poultry or other captive birds enter or leave the holding,

• (c) no carcases of poultry or other captive birds, meat of poultry including offal poultry feed, utensils, materials, waste, droppings, manure of poultry or other captive birds, slurry, used litter or anything likely to transmit avian influenza leave the holding,

• (d) no eggs leave the holding,

• (e) no movement of persons, mammals of domestic species, vehicles and equipment takes place to or from the holding without authorisation from an authorised officer,

• (f) appropriate means of disinfection with an approved disinfectant are used at the entrances and exits of buildings that house poultry or other captive birds and of the holding itself in accordance with a direction issued by an official veterinarian,

• (g) full co-operation is given to authorised officers in -

• (i) counting, or estimating by species, the numbers of birds and domestic mammals on the holding, and

• (ii) compiling and updating lists of the number of such birds and domestic mammals already sick, dead or likely to be infected on the holding.

• (2) An official veterinarian may give a direction in respect of any or all of the measures referred to in paragraph (1).

• (3) Notwithstanding paragraph (1)(a), where it is impractical to bring poultry or other captive birds inside a building or if their welfare would be compromised by so doing an official veterinarian may direct, on the basis of a risk assessment and taking into account the precautions taken, that they must instead be confined in another place on the same holding where they do not have contact with other poultry or other captive birds on other holdings and all reasonable steps must be taken to minimise their contact with wild birds.

• (4) Where movements are authorised under paragraph (1), all appropriate biosecurity measures must be applied so as to minimise any risk of spreading avian influenza.

• (5) The measures provided for in paragraph (1) shall remain in place until the possibility of avian influenza on the holding has been ruled out or until an official veterinarian determines that some or all of these measures need not be implemented.

Derogations from certain measures to be applied on a holding with a suspected outbreak

• (2) Notwithstanding Regulation 4(1)(d), an official veterinarian may authorise the movement of eggs in accordance with Article 8 (3) of the Council Directive.

• (3) An official veterinarian may grant derogations from the measures in Regulation 4(1)(f) in the case of other captive birds kept on non-commercial holdings.

• (4) Where movements are authorised under paragraphs (1), (2) or (3), appropriate biosecurity measures must be applied so as to minimise any risk of spreading avian influenza.

Additional measures to be applied where there is a suspected outbreak

• (a) temporary restrictions on the movements of poultry, other captive birds and eggs and the movement of vehicles used by the poultry sector in a defined area or in the whole of the State,

• (b) temporary restrictions on the movements of mammals of domestic species, for a period not exceeding 72 hours, unless a longer period can be justified,

• (c) the measures provided for in Regulation 8 to the holding or if conditions permit application of those measures only to the poultry or other captive birds suspected of being infected and their production units,

• (d) a temporary control zone around the holding and application of some or all of the measures provided for in Regulation 4 as necessary to the holdings within that zone.

• (2) The Minister may, by notice, amend or withdraw the measures that may be introduced under paragraph (1).

PART 3 - Confirmed Outbreak of Highly Pathogenic Avian Influenza (HPAI)

Declaring a holding to be a holding with a confirmed outbreak of HPAI

Measures to be applied on holdings with a confirmed outbreak

8.(1) The following measures apply in the case of a confirmed outbreak holding -

• (a) the measures provided for in Regulation 4 will be applied in respect of the holding,

• (b) all poultry and other captive birds on the holding will be killed without delay and under official supervision,

• (c) all carcases and eggs on the holding will be disposed of under official supervision,

• (d) poultry already hatched from eggs collected from the holding during the period between the probable date of introduction of HPAI on the holding and the application of control measures under Regulation 4 will be placed under official supervision,

• (e) meat of poultry slaughtered and eggs collected from the holding during the period between the probable date of introduction of HPAI to the holding and the application of control measures under Regulation 4 will, wherever possible, be traced and disposed of under official supervision,

• (f) all substances, such as feed, manure and waste, likely to be contaminated will be destroyed or must undergo a treatment ensuring the destruction of the avian influenza virus, in accordance with the directions of an official veterinarian. However, manure, slurry and bedding likely to be contaminated will be required to undergo one or more of the procedures provided for in Regulation 38,

• (g) following the disposal of carcases, the buildings used for housing them, pastures or land, the equipment likely to be contaminated and the vehicles used for transporting the poultry or other captive birds, carcases, meat, feed, manure slurry, bedding and any other material or substance likely to be contaminated will undergo one or more of the cleansing and disinfection procedures provided for in Regulation 38,

• (h) other captive birds or mammals of domestic species shall not enter or leave the holding without an authorisation from an authorised officer. However, this restriction will not apply to mammals of domestic species which have access only to the living areas for humans,

• (i) other measures, as may be required by an official veterinarian, shall be taken to limit any possible spread of avian influenza to any wild birds on the holding.

• (2) An official veterinarian may give a direction in respect of the measures referred to in paragraph (1).

• (3) Notwithstanding paragraph (1)(b), an official veterinarian may exempt certain species of poultry or other captive birds from being killed, on the basis of the results of an assessment of the risk of further spread of avian influenza and having regard to such conditions as may be determined by the Minister.

• (4) The activities provided for in paragraph (1) shall be carried out in such a way as to avoid the risk of spreading avian influenza.

Derogations concerning certain holdings

• (2) Where a derogation is granted under paragraph (1), the person to whom it is granted must ensure that the poultry and other captive birds concerned by the derogation:

• (a) are brought inside a building on their holding and kept there. Where this is impractical or if their welfare would be compromised by doing so, they must instead be confined in another place on the same holding such that they do not have contact with other poultry or other captive birds on other holdings and all reasonable steps must be taken to minimise their contact with wild birds;

• (b) are subjected to further surveillance and testing in accordance with the directions of an official veterinarian and are not moved until the laboratory tests have indicated that they no longer pose a significant risk of further spreading of HPAI; and

• (c) are not moved from their holding of origin, except for slaughter or to another holding:

• (i) located in the State, in accordance with the directions of an official veterinarian; or

• (ii) in another Member State, subject to the agreement of the Member State of destination.

• (3) Notwithstanding the prohibition of movement of poultry or other captive birds under paragraph (2) (b), an official veterinarian may, on the basis of a risk assessment, authorise the transport under biosecurity measures of poultry or other captive birds which cannot be appropriately housed and kept under surveillance on the holding of origin to a designated holding, where further surveillance and testing will be carried out under official supervision.

• (4) An official veterinarian may, on the basis of a risk assessment, grant derogations from the measures provided for in Regulation 8(1)(e) for eggs to be sent directly to an establishment for the manufacture of egg products as set out in Chapter II of Section X of Annex III to Regulation (EC) No 853/2004² to be handled and treated in accordance with Chapter XI of Annex II to Regulation (EC) No 852/2004.³ In addition, any such derogations will be subject to the conditions set out in Annex III to the Council Directive.

Measures to be applied in cases of outbreaks of HPAI in separate production units

• (2) Derogations under paragraph (1) shall be granted only where the official veterinarian on the basis of a risk assessment taking account of the structure, size, operation, type of housing, feeding, water source, equipment, staff and visitors to the holding, is satisfied that the units are completely independent of other production units in terms of location and day-to-day management of the poultry or other captive birds kept there.

Measures to be applied in contact holdings

11.(1) An official veterinarian may, based on an epidemiological inquiry, direct that a holding is to be considered as a contact holding.

• (2) The measures provided for in Regulation 4 will apply to a contact holding until the presence of HPAI on that holding has been excluded.

• (3) Based on epidemiological inquiries, an official veterinarian may, in addition to the measures in Regulation 4 and taking account of the criteria set out in Annex IV to the Council Directive, direct that the measures provided for in Regulation 8 are to be applied to contact holdings particularly if they are located in an area with a high density of poultry.

• (4) The owner or person in charge of any contact holding, where poultry or other captive birds are killed and disposed of and avian influenza is subsequently confirmed, must ensure that the buildings and any equipment likely to be contaminated and the vehicles used for transporting the poultry, other captive birds, carcases, meat, feed manure, slurry, bedding and any other material or substance likely to be contaminated undergo one or more of the cleansing and disinfection procedures provided for in Regulation 38.

• (5) The repopulation of contact holdings with poultry shall take place in accordance with any directions given by an official veterinarian on the basis of the results of a risk assessment.

PART 4 - Protection, surveillance and further restricted zones

Establishment of protection, surveillance and further restricted zones

• (a) a protection zone with a radius of at least 3 kilometres, and

• (b) a surveillance zone with a radius of at least 10 kilometres, including the protection zone.

(2)In addition the Minister may, by notice, establish a further restricted zone around or adjacent to the protection and surveillance zones taking account of the criteria in paragraph (3) of Article 16 of the Council Directive.

(3)If the outbreak of HPAI is confirmed in other captive birds in a non-commercial holding, circus, zoo, pet bird shop, wildlife park, a fenced area where other captive birds are kept for scientific purposes or purposes related to the conservation of endangered species or officially registered rare breeds of other captive birds that do not contain poultry, an official veterinarian may, following a risk assessment, grant a derogation to the extent necessary from the provisions of Regulations 12 to 21 concerning the establishment of the protection and surveillance zones and the measures to be applied therein, provided that such derogations do not endanger disease control.

(4)Where a protection, surveillance or further restricted zone established in another Member State extends into the territory of the State, the measures provided for in these Regulations for such zones shall apply to the areas and holdings within the zones so established.

(5)The measures provided for in Parts 5 to 8 of these Regulations shall apply to zones established under paragraphs (1) and (2).

(6)A zone established under this Regulation is deemed to be abolished on the expiry of the periods provided for in Regulations 20 or 22, as appropriate.

PART 5 - Precautionary measures for protection and surveillance zones

Precautionary measures for both protection and surveillance zones.

13 (1) The Minister may, by notice, where epidemiological information or other evidence indicates, implement a preventive eradication programme, including preventive slaughtering or killing of poultry or other captive birds, in holdings and areas at risk within the protection and surveillance zones.

• (2) The Minister may, by notice, give a direction to persons who own or control poultry or other captive birds in holdings within a protection or surveillance zone in relation to -

• (a) facilitating the tracing of anything likely to spread the avian influenza virus including poultry, other captive birds, meat, eggs, carcases, feed, litter, people that have been in contact with the infected poultry or other captive birds or vehicles with a link to the poultry industry,

• (b) providing any relevant information to authorised officers concerning the poultry or other captive birds and eggs entering or leaving the holding,

• (c) facilitating the conduct of a census of all the holdings in the zones,

• (d) providing assistance in connection with visits to holdings by an official veterinarian for examination of the poultry and other captive birds and, if necessary, the collection of samples.

Measures to be applied in both protection and surveillance zones

• (a) appropriate on-farm biosecurity measures, in particular disinfection, are applied at the entrances and exits of holdings;

• (b) the biosecurity measures provided for in the European Communities (Avian Influenza) (Precautionary Measures) Regulations 2006 ( S.I. No. 121 of 2006 are implemented;

• (c) vehicles and equipment used for transporting live poultry or other captive birds, meat, feed, manure, slurry and bedding and any other material or substances likely to be contaminated, undergo one or more of the cleansing and disinfection procedures provided for in Regulation 38;

• (d) poultry, other captive birds and domestic mammals do not enter or leave the holding without authorisation from an authorised officer. However, this restriction shall not apply to mammals which have access only to the living areas for humans in which they:

• (i) have no contact with resident poultry or other captive birds, and

• (ii) have no access to any cages or areas where such resident poultry or other captive birds are kept;

• (e) any increased morbidity or mortality or significant drop in production data on the holding are immediately reported to the local District Veterinary Office;

• (f) all persons entering or leaving the holding observe appropriate biosecurity measures aimed at preventing the spread of avian influenza.

• (2) The holding of fairs, markets, shows or other gatherings of poultry or other captive birds and the release of poultry or other captive birds for restocking of game is prohibited in the zones.

PART 6 - Measures for protection zones

Specific measures for protection zones

15 (1) The Minister may, by notice, direct that a person who owns or controls poultry or other captive birds in a protection zone shall ensure that -

• (a) all poultry and other captive birds are brought inside a building on the holding and kept there,

• (b) carcases are disposed of as soon as possible,

• (c) all parts of vehicles used by persons that enter or leave the holding and are likely to have become contaminated undergo one or more of the cleansing and disinfection procedures provided for in Regulation 38,

• (d) records of all persons visiting the holding, except dwellings, are kept and are made available upon request to an authorised officer. Such records do not have to be kept where the visitors are to holdings such as zoos and wildlife parks where they have no access to the areas where the birds are kept.

• (2) Notwithstanding paragraph (1)(a), where it is impractical to bring poultry or other captive birds inside a building or if their welfare would be compromised by so doing an official veterinarian may direct that they must instead be confined in another place on the same holding where they do not have contact with other poultry or other captive birds on other holdings and all reasonable steps must be taken to minimise their contact with wild birds.

Prohibition on the removal or spreading of used litter, manure or slurry from holdings

Prohibition on the movement and transport of birds, eggs, poultry meat and carcases

• (2) No person shall undertake or permit the transport of poultry meat from slaughterhouses, cutting plants and cold stores unless it has been produced:

• (a) from poultry which has originated from outside the protection zone and has been stored and transported separately from the meat of poultry from within the protection zone, or

• (b) on a date at least 21 days before the estimated date of earliest infection on a holding in the protection zone and which since production has been stored and transported separately from such meat produced after that date.

• (3) The prohibitions in paragraphs (1) and (2) do not apply to transport which transits through the protection zone on roads or rail without unloading or stopping.

Derogations from prohibitions provided for in Regulation 17

• (a) the direct transport of poultry from a holding in a protection zone for immediate slaughter to a designated slaughterhouse in accordance with Article 23(1) of the Council Directive,

• (b) the direct transport of poultry from outside the protection zone for immediate slaughter to a designated slaughterhouse within the protection zone and subsequent movement of the meat derived from such poultry in accordance with Article 23(2) of the Council Directive,

• (c) the direct transport of day-old chicks, originating from holdings within the protection zone, to a holding or shed of that holding in the State, preferably located outside the protection and the surveillance zones, in accordance with Article 24(1) of the Council Directive,

• (d) the direct transport of day-old chicks, hatched from eggs originating from holdings located outside the protection and surveillance zones, to any other holding in the State, preferably located outside the protection and the surveillance zones, provided that the hatchery of dispatch can ensure by its logistics and by its hygienic working conditions that no contact has occurred between those eggs and any other hatching eggs or day-old chicks originating from poultry flocks within such zones and which are therefore of a different health status,

• (e) the direct transport of ready-to-lay poultry to a holding or shed of that holding preferably within the protection or the surveillance zone in which there is no other poultry, in accordance with Article 25 of the Council Directive,

• (f) the direct transport of hatching eggs either from any holding to a hatchery located in the protection zone and designated by an authorised officer or, from a holding located in the protection zone to any designated hatchery in accordance with Article 26(1) of the Council Directive,

• (g) the direct transport of eggs:

• (i) to a packing centre designated by an authorised officer provided that they are packed in disposable packaging and that all biosecurity measures required by an official veterinarian are applied,

• (ii) to an establishment for the manufacture of egg products as set out in Chapter II of Section X of Annex III to Regulation (EC) No 853/2004 to be handled and treated in accordance with Chapter XI of Annex II to Regulation (EC) No 852/2004, or

• (iii) for disposal,

• (h) the direct transport of carcases for disposal in accordance with Article 27 of the Council Directive.

Cleansing and disinfecting of means of transport

Duration of measures

• (2) When the measures referred to in Regulations 13 to 19 are no longer to be maintained, as provided for in paragraph (1), the measures laid down in Regulation 21 shall apply in the former protection zone, until they are no longer to be applied as provided for in Regulation 22.

PART 7 - Measures for Surveillance Zones

Specific Measures for Surveillance Zones

• (2) The prohibitions in paragraph (1) do not apply to transit through the surveillance zone on road or rail without unloading or stopping.

• (3) The Minister may, by notice, direct that a person shall not move or permit the movement of poultry, ready-to-lay poultry, day-old chicks and eggs to holdings slaughterhouses, packing centres or an establishment for the manufacture of egg products located outside the surveillance zone.

• (4) Notwithstanding paragraphs (1) and (3), an authorised officer may authorise the direct transport of -

• (a) poultry for slaughter to a designated slaughterhouse, for the purpose of immediate slaughter subject to Article 23 (1)(a), (b) and (d) of the Council Directive;

• (b) poultry from outside the protection and surveillance zones for immediate slaughter to a designated slaughterhouse within the surveillance zone and the subsequent movement of the meat derived from such poultry;

• (c) ready-to-lay poultry to a holding in the State in which there is no other poultry, in which case that holding shall be placed under official supervision following the arrival of the ready-to-lay poultry and the ready-to-lay poultry shall remain on the holding of destination for at least 21 days;

• (d) day-old chicks to a holding or shed of such holding in the State, in which case appropriate biosecurity measures shall be applied and the holding shall be placed under official supervision following the transport and the day-old chicks shall remain on the holding of destination for at least 21 days;

• (e) day-old chicks, hatched from hatching eggs originating from poultry holdings located outside the protection and surveillance zones, to any other holding provided that the hatchery of dispatch can ensure, by its logistics and biosecurity working conditions, that no contact has occurred between these eggs and any other hatching eggs or day-old-chicks originating from poultry flocks within those zones and which are therefore of a different health status;

• (f) hatching eggs to a designated hatchery located inside or outside the surveillance zone in which case the eggs and their packaging shall be disinfected before dispatch and the tracing back of these eggs must be ensured;

• (g) table eggs to a designated packing centre, provided that they are packed in disposable packaging and that all biosecurity measures required by an official veterinarian are applied;

• (h) eggs to an establishment for the manufacture of egg products as set out in Chapter II of Section X of Annex III to Regulation (EC) No 853/2004 to be handled and treated in accordance with Chapter XI of Annex II to Regulation (EC) No 852/2004 located inside or outside the surveillance zone;

• (i) eggs for disposal.

• (5) The removal or spreading of used litter, manure or slurry is prohibited unless authorised by an authorised officer. The movement of manure may be authorised from a holding situated in the surveillance zone under biosecurity measures to a designated plant for treatment or for intermediate storage for subsequent treatment to destroy the possible presence of avian influenza viruses, in accordance with Regulation (EC No 1774/2002 or with specific rules that may be adopted in accordance with the procedure referred to in Article 64(2) of the Council Directive.

Duration of measures

PART 8 - Further restricted zones

Measures to be applied in further restricted zones

• (2) The Minister may, by notice, where epidemiological information or other evidence indicates, implement a preventive eradication programme, including preventive slaughtering or killing of poultry or other captive birds, in holdings and areas at risk located in further restricted zones, in accordance with the criteria of Annex IV of the Council Directive.

• (3) The restocking of those holdings shall take place in accordance with the directions of an official veterinarian.

PART 9 - Derogations and additional biosecurity measures

Derogations

• (a) based on the results of a risk assessment, and

• (b) following the definition of the detailed arrangements under which they may be granted including alternative appropriate measures and conditions.

• (2) Based on the results of a risk assessment, derogations may be granted by an official veterinarian from the measures provided for in Regulations 13 to 22 in the case of confirmation of HPAI in a hatchery.

• (3) A derogation may be granted by an official veterinarian from the measures provided for in Regulation 14(1)(b) insofar as they relate to a surveillance zone, Regulation 17 and Regulation 21(1) and (3) in the case of an outbreak of HPAI in a non-commercial holding, a circus, a zoo, a wildlife park, a fenced area where poultry or other captive birds are kept for scientific purposes or purposes related to the conservation of endangered species or officially registered rare breeds of poultry or other captive birds.

• (4) On the basis of results of a risk assessment and by way of derogation from Regulations 13 to 22, specific measures may be introduced for movements of racing pigeons into, from and within the protection and surveillance zones.

• (5) Any derogations under paragraphs (1) to (4) will be granted only where they do not endanger disease control.

• (6) Any poultry (including day-old-chicks), other captive birds, hatching eggs used litter, manure or slurry which come from a holding that has been granted a derogation under this Regulation, cannot be marketed outside the State unless otherwise allowed in accordance with the procedure referred to in Article 64(3) of the Council Directive.

Additional biosecurity measures

• (2) The measures that can be introduced under the provisions of paragraph (1) include restrictions on movements of vehicles or persons for feed supply, egg collection, the transport to slaughterhouses of poultry, the collection for disposal of carcases and other movements of personnel, veterinarians or persons supplying farm equipment and controls on sporting and cultural events.

PART 10 - Measures for certain premises other than holdings

Measures to be applied in slaughterhouses

• (2) Where poultry are slaughtered as provided for in paragraph (1), the owner or person in charge of the slaughterhouse shall ensure that the poultry meat and any by-products derived from the poultry and poultry meat and by-products of any other poultry which may have been contaminated during the slaughter and production process, are kept separate and under official supervision until investigations have been completed.

• (3) If HPAI is confirmed, the owner or person in charge of the slaughterhouse shall ensure that the poultry meat and any by-products derived from the poultry and poultry meat and by-products of any other poultry which may have been contaminated during the slaughter and production process are disposed of as soon as possible under official supervision.

Measures to be applied in border inspection posts or means of transport

• (2) An official veterinarian shall direct that the measures provided for in Regulation 4 are applied to the border inspection post or means of transport as appropriate.

• (3) Notwithstanding paragraph (1), an official veterinarian may authorise the movement of the poultry or other captive birds to another place where they shall be killed slaughtered or placed into isolation.

• (4) An official veterinarian may decide not to kill or slaughter the poultry or other captive birds present in the border inspection post that have not been in contact with the poultry or other captive birds suspected of being infected.

• (5) Where poultry are slaughtered in accordance with paragraphs (1) or (3), the owner or person in charge of the premises where they are slaughtered shall ensure that the poultry meat and any by-products derived from those poultry and poultry meat and by-products of any other poultry which may have been contaminated during the slaughter and production process, are kept separate and under official supervision until investigations have been completed.

• (6) If HPAI is confirmed, the owner or person in charge of the plant shall ensure that the poultry meat and any by-products derived from those poultry and poultry meat and by-products of any other poultry which may have been contaminated during the slaughter and production process are disposed of as soon as possible under official supervision.

Additional measures to be applied to slaughterhouses, border inspection posts or means of transport

• (a) poultry or other captive birds are not introduced into the slaughterhouse, the border inspection post or the means of transport until at least 24 hours after the cleansing and disinfection as provided for in subparagraph (b) is completed. In the case of border inspection posts, the prohibition on introduction may be extended by an official veterinarian to other animals;

• (b) the cleansing and disinfection of contaminated buildings, equipment and vehicles takes place in accordance with one or more of the procedures in Regulation 38.

• (2) When HPAI is suspected or confirmed, an official veterinarian may direct that-

• (a) the measures provided for in Regulation 4 are applied to the holdings of origin of the infected poultry or carcases and, as appropriate, to contact holdings, and

• (b) unless otherwise indicated by an epidemiological inquiry and further investigations, the measures provided for in Regulation 8 are applied to the holding of origin.

PART 11 - LOW PATHOGENIC AVIAN INFLUENZA (LPAI)

Declaring a holding to be a holding with a confirmed outbreak of LPAI

Measures to be applied on holdings where outbreaks are confirmed

30(1) Where an outbreak of LPAI is confirmed, an official veterinarian may, on the basis of a risk assessment and taking into account at least the criteria set out in Annex V of the Council Directive, direct the owner or person in charge of poultry to ensure that -

• (a) poultry, other captive birds and all mammals of domestic species on the holding are counted or, if appropriate, their numbers are estimated by the type of poultry or species of other captive bird;

• (b) a list is compiled of the approximate number of poultry, other captive birds and all mammals of domestic species already sick, dead or likely to be infected in each category on the holding and that this list is updated daily to take account of hatchings, births and deaths;

• (c) all poultry and other captive birds are brought inside a building on the holding and kept there. Where this is impractical or if their welfare would be compromised by so doing, an official veterinarian may direct that they must instead be confined in another place on the same holding such that they do not have contact with other poultry or other captive birds on other holdings and all reasonable steps must be taken to minimise their contact with wild birds;

• (d) before depopulation, as provided for in paragraphs (2) or (3), no poultry or other captive birds enter or leave the holding, border inspection post slaughterhouse or means of transport unless authorised by an authorised officer;

• (e) no carcases of poultry or other captive birds, meat of poultry including offal poultry feed, utensils, materials, waste, droppings, manure of poultry or other captive birds, slurry, used litter or anything likely to transmit avian influenza leave the holding, border inspection post, slaughterhouse or means of transport without an authorisation from an authorised officer, and where authorised appropriate biosecurity measures are observed to minimise any risk of spreading avian influenza;

• (f) no movement of persons, mammals of domestic species, vehicles and equipment takes place to or from the holding, border inspection post slaughterhouse or means of transport other than as authorised by an authorised officer;

• (g) appropriate means of disinfection are used at the entrances and exits of buildings housing poultry or other captive birds and of the holding border inspection post, slaughterhouse or means of transport itself.

• (2) An official veterinarian shall direct that all poultry on the holding, border inspection post, slaughterhouse or means of transport and all other captive birds of the species in which LPAI has been confirmed are to be depopulated under official supervision in such a way as to prevent the spread of avian influenza.

(3)In addition to paragraph (2), an official veterinarian may, based on the outcome of an assessment of the risk of the further spread of avian influenza, direct that the depopulation be extended to other captive birds on the holding and to other holdings considered as contact holdings, having regard to the results of an epidemiological inquiry.

• (4) For the purpose of paragraphs (2) or (3), the depopulation shall be carried out in accordance with Directive 93/119/EC⁵ and the official veterinarian shall decide whether the poultry or other captive birds are -

• (a) to be killed as soon as possible, or

• (b) to be slaughtered in a designated slaughterhouse in accordance with paragraph (7).

• (5) Where depopulation is to be undertaken in a designated slaughterhouse, the poultry shall be subjected to further surveillance and testing.

• (6) Poultry shall not be moved from the holding, border inspection post, slaughterhouse or means of transport to the designated slaughterhouse until the official veterinarian is satisfied that the risk of further spread of LPAI is minimal, taking account, in particular, of the results of investigations and laboratory tests to determine the extent of any excretion of the virus by the poultry and a risk assessment.

• (7) In relation to paragraphs (2), (3) or (4), slaughter in a designated slaughterhouse may take place only if-

• (a) the poultry are sent direct from the holding, border inspection post slaughterhouse or means of transport to the designated slaughterhouse;

• (b) each consignment is sealed before dispatch by the official veterinarian responsible for the holding or under his supervision;

• (c) each consignment remains sealed throughout transport to the designated slaughterhouse;

• (d) further biosecurity measures prescribed by the official veterinarian are complied with;

• (e) the official veterinarian responsible for the designated slaughterhouse is informed and agrees to receive the poultry;

• (f) vehicles and equipment used for transporting live poultry and any other material or substances likely to be contaminated are cleansed and disinfected without delay after contamination by one or more of the procedures provided for in Regulation 38; and

• (g) the by-products of such poultry at the slaughterhouse are disposed of under official supervision.

• (8) An official veterinarian shall direct the owner or person in charge of the holding border inspection post, slaughterhouse or means of transport to ensure that the following are disposed of under official supervision-

• (a) carcases, and

• (b) hatching eggs on the holding.

Additional measures to be applied where LPAI is confirmed on a holding

• (a) hatching eggs collected from the holding during the period between the probable introduction of LPAI into the holding and the taking of the measures provided for in these Regulations, will whenever possible be traced and hatched in accordance with directions given;

• (b) poultry already hatched from eggs collected from the holding during the period between the probable introduction of LPAI into the holding and the taking of the measures provided for in these Regulations, will whenever possible be placed under official supervision;

• (c) eggs present on the holding and subsequently produced on the holding before depopulation, as provided for in paragraph (2) or (3) of Regulation 29, may be transported as follows provided that the risk of spread of LPAI is minimised-

• (i) to a designated packing centre provided that they are packed in disposable packaging and that all biosecurity measures required by an official veterinarian are applied;

• (ii) to an establishment for the manufacture of egg products as set out in Chapter II of Section X of Annex III to Regulation (EC) No 853/2004 to be handled and treated in accordance with Chapter XI of Annex II to Regulation (EC 852/2004; or

• (iii) for disposal.

• (d) any material or substance likely to be contaminated must be either treated in accordance with the directions of the official veterinarian or disposed of;

• (e) manure, slurry and bedding likely to be contaminated must undergo one or more of the procedures in Regulation 38;

• (f) after depopulation, the buildings used for housing the poultry or other captive birds the equipment likely to be contaminated and the vehicles used for transporting carcases, feed, manure, slurry, and bedding or any other material or substance likely to be contaminated must undergo, without delay, one or more of the procedures in Regulation 38;

• (g) mammals of domestic species must not enter or leave the holding without the authorisation of an authorised officer. This restriction shall not apply to mammals which have access only to the living areas for humans in which they-

• (i) have no contact with resident poultry or other captive birds, and

• (ii) have no access to any cages or areas where such resident poultry or other captive birds are kept.

• (2) An official veterinarian may give a direction in respect of any or all of the measures referred to in paragraph (1).

Derogations for certain holdings

31 (1) An official veterinarian may grant derogations from the measures provided for in Regulation 29 (1)(d), (2), (3) and (8) (b) in cases of an outbreak of LPAI in a non commercial holding, a circus, a zoo, a pet bird shop, a wildlife park, a fenced area where poultry or other captive birds are kept for scientific purposes or purposes related to the conservation of endangered species or officially registered rare breeds of poultry or other captive birds, provided that such derogations do not endanger disease control.

• (2) Where a derogation is granted under paragraph (1), the owner or person in charge shall ensure that the poultry or other captive birds covered by the derogation-

• (a) are brought inside a building on the holding and kept there. Where this is impractical or if their welfare would be compromised by doing so, an official veterinarian may direct that they must instead be confined in some other place on the same holding such that they do not have contact with other poultry or other captive birds on other holdings and all reasonable steps must be taken to minimise their contact with wild birds;

• (b) are subjected to further surveillance and testing and are not moved until the laboratory tests have indicated that they no longer pose a significant risk of further spread of LPAI; and

• (c) are not moved from the holding of origin, except for slaughter or to another holding -

• (i) located in the State, in accordance with the directions of an official veterinarian, or

• (ii) in another Member State, subject to the agreement of the Member State of destination.

• (3) An official veterinarian may, in cases of outbreaks of LPAI in hatcheries, based on a risk assessment, grant derogations from some or all of the measures provided for in Regulations 29 and 30.

Measures to be applied in cases of outbreaks of LPAI in separate production units

(2)Derogations provided for in paragraph (1) shall be granted in accordance with detailed rules and taking account of the animal health guarantees which may be obtained and which provide for alternative appropriate measures.

Measures to be applied in contact holdings

(2)Based on the results of an epidemiological inquiry and taking account of the criteria in Annex IV of the Council Directive, an official veterinarian may direct that Regulations 29 and 30 are to be applied to contact holdings, particularly if they are located in an area with a high density of poultry.

• (3) The owner or person in charge of any holding where poultry or other captive birds are slaughtered or killed and disposed of, and where LPAI is confirmed, shall ensure that the buildings and any pastures used, farm yards and any equipment likely to be contaminated and the vehicles used for transporting the poultry, other captive birds carcases, meat, feed, manure, slurry, bedding and any other material or substance likely to be contaminated, undergo one or more of the cleansing and disinfection procedures in Regulation 38.

Establishment of restricted zones in cases of outbreaks of LPAI

Measures to be applied in the restricted zone

• (a) a census of all commercial holdings will be undertaken;

• (b) laboratory tests will be carried out on poultry from commercial poultry holdings;

• (c) all movements of poultry, other captive birds, ready-to-lay poultry, day old chicks and eggs within or into the restricted zone will be subject to authorisation and to other control measures deemed appropriate by an official veterinarian. This restriction shall not apply to the transit through the restricted zone on road or rail without unloading or stopping;

• (d) the movement of poultry, other captive birds, ready-to-lay poultry, day-old chicks and eggs from the restricted zone will be prohibited unless an authorised officer authorises the direct transport of-

• (i) poultry for slaughter to a slaughterhouse in the State,

• (ii) live poultry to a holding or shed in the State in which there is no other poultry. In such cases, the live poultry shall remain there for 21 days and the holding shall be placed under official supervision following their arrival,

• (iii) day-old chicks:

I. to a holding or shed of such holding in the State; in such cases the day old chicks shall remain there for 21 days and the holding shall be placed under official surveillance following their arrival; or

II. if hatched from eggs originating from poultry holdings located outside of the restricted zone to any other holding provided that the hatchery can ensure by its logistics and biosecurity working conditions that any contact is excluded with hatching eggs or day-old chicks originating from poultry flocks within the restricted zone and which are therefore of a different health status.

• (iv) hatching eggs to a designated hatchery; in such cases the eggs and their packaging shall be disinfected before dispatch and the tracing back of these eggs must be ensured,

• (v) table eggs to a packing centre provided that they are packed in disposable packaging and that all biosecurity measures required by an official veterinarian are applied,

• (vi) eggs to an establishment for the manufacture of egg products as set out in Chapter II of Section X of Annex III to Regulation (EC) No 853/2004 to be handled and treated in accordance with Chapter XI of Annex II to Regulation (EC) No 852/2004 located inside or outside the restricted zone,

• (vii) eggs for disposal;

• (e) carcases must be disposed of;

• (f) any person entering or leaving holdings in the restricted zone must observe appropriate biosecurity measures aimed at preventing the spread of avian influenza;

• (g) vehicles and equipment used for transporting live poultry or other captive birds feed, manure, slurry and bedding and any other material or substances likely to be contaminated must be cleansed and disinfected without delay after contamination, by one or more of the procedures provided for in Regulation 38;

• (h) poultry, other captive birds or mammals of domestic species must not enter or leave a holding without authorisation of an authorised officer. This restriction shall not apply to mammals which have access only to the living areas for humans in which they:

• (i) have no contact with resident poultry or other captive birds, and

• (ii) have no access to any cages or areas where such resident poultry or other captive birds are kept,

• (i) the removal or spreading of used litter, manure or slurry will be prohibited unless authorised by an authorised officer; the movement of manure or slurry may be authorised from a holding situated in the restricted zone under biosecurity measures to a designated plant for treatment or for intermediate storage for subsequent treatment to destroy the possible presence of avian influenza viruses in accordance with Regulation (EC) No 1774/2002 or with specific rules which may be adopted in accordance with the procedure referred to in Article 64(2) of the Council Directive;

• (j) fairs, markets, shows or other gatherings of poultry or other captive birds are prohibited, unless specifically authorised;

• (k) poultry or other captive birds for restocking of game must not be released.

(2)An official veterinarian may give a direction in respect of the measures referred to in paragraph (1).

(3)The Minister may, by notice based on the results of a risk assessment, introduce further measures to prevent the spread of avian influenza in addition to the measures provided for in this Regulation.

Duration of measures

• (a) for at least 21 days following the date of completion of preliminary cleansing and disinfection of the infected holding by one or more of the procedures provided for in Regulation 38, and until an official veterinarian, based on the investigations and laboratory tests carried out in the restricted zone and a risk assessment, considers that the risk of spread of LPAI is negligible;

• (b) for at least 42 days following the date of confirmation of the outbreak and until an official veterinarian, based on the investigations and laboratory tests carried out in the restricted zone and a risk assessment, considers that the risk of spread of LPAI is negligible; or

• (c) for any other period and under conditions that may be established in accordance with the procedure referred to in Article 64(3) of the Council Directive.

Derogations

(2)An official veterinarian may grant derogations from some or all of the measures provided for in this Part in cases of an outbreak of LPAI in a non-commercial holding a circus, a zoo, a pet bird shop, a wild life park, a fenced area where poultry or other captive birds are kept for scientific purposes or purposes related to the conservation of endangered species or officially registered rare breeds of poultry or other captive birds, provided that such derogations do not endanger disease control.

PART 12 - CLEANSING, DISINFECTION AND REPOPULATION

Cleansing and disinfection

• (a) the cleansing, disinfection and treatment of holdings and any materials or substances therein which are contaminated or likely to be contaminated with avian influenza viruses shall be carried out in accordance with:

• (i) the directions of the official veterinarian; and

• (ii) the principles and procedures for cleansing, disinfecting and treatment set out in Annex VI to the Council Directive;

• (a) any land or pastures used by poultry or other captive birds on a holding where avian influenza has been confirmed shall not be used by poultry or other captive birds until an official veterinarian is satisfied that any avian influenza virus present has been eliminated or inactivated;

• (b) the cleansing, disinfection and treatment of slaughterhouses, vehicles, trailers or any other means of transport, border inspection posts and any materials or substances therein which are contaminated or likely to be contaminated with avian influenza viruses shall be carried out in accordance with the directions of an official veterinarian;